Question: Can I Use A Trading Name?

Can I trade as a different name?

You can also trade using a different name to your registered name.

Trading names must not: be the same as an existing trade mark.

include ‘limited’, ‘Ltd’, ‘limited liability partnership, ‘LLP’, ‘public limited company’ or ‘plc’.

Can someone use my business name?

This means that it is possible for another person to use your trademarked name, so long as it is in a different context. Note also that if it turns out that someone was already using a similar mark in Canada on product or service similar to yours before your trademark registration, your trademark can be expunged.

Can I use a business name without registering it?

Most people think that businesses have to register a business name. … You can always trade using your own name or your company name and it is not necessary to separately register a business name.

Can a sole trader use a trading name?

When you register as a Sole Trader you register your own name with HMRC and this is the name that you should be trading under (e.g. John Smith). However, you can use a ‘trading as’ name. … The best way to get around this is to register the ‘trading as’ name as a company and hold it dormant.

What is a trade name example?

A trade name is generally considered the name a business uses for advertising and sales purposes. A trade name is sometimes referred to as a “fictitious” or “doing business as (DBA)” title. For example, “McDonald’s” may be the trade name, but the legal name is “McDonald’s Corporation.” A trademark is a brand name.

What are the disadvantages of sole trader?

Disadvantages of sole trading include that:you have unlimited liability for debts as there’s no legal distinction between private and business assets.your capacity to raise capital is limited.all the responsibility for making day-to-day business decisions is yours.retaining high-calibre employees can be difficult.More items…

What are examples of trading business?

Trading businesses, also known as merchandising businesses, are those that sell tangible merchandise. That means you can purchase goods such as socks, potato chips, or books and magazines from these vendors.

Can someone steal your business name?

So, while your trademark can be the same as your trade name, your trade name is not a trademark. … And a business who steals or infringes on another businesses trademark can face consequential monetary damages from State and Federal courts if they don’t stop doing it.

What do you do if someone is using your business name?

Enforce Your Trade Mark Rights If someone else is using the same business name, attempt to resolve the dispute by contacting the other business and negotiating a favourable outcome. If this approach is unsuccessful, you can enforce your rights by sending a cease and desist letter.

Trading names are not protected by law When you register a company name at Companies House, it is protected by law so no other business can use it.

What is the difference between a trading name and a business name?

A ‘trading name’ refers to an unregistered name that businesses could use before the introduction of the National Business Names Register on 28 May 2012. A trading name is not a registered business name. If you wish to continue using a trading name, you need to register it as a business name.

How many trading names can a sole trader have?

two business namesYou can register two business names under the one ABN, as long as both businesses are the same structure type.

How do I register a trading name?

How to register a business name using ASIC ConnectStep 1 – Log in to ASIC Connect and select the ‘Licences and Registrations’ tab at the top of the page. … Step 2 – Select ‘Business name’ from the drop-down box. … Step 3 – Enter your Australian Business Number (ABN) … Step 4 – Enter the proposed business name.More items…

What is a trading name for a company?

A trading name is the name (or names) used by a person, partnership or company for carrying out business, which is not the same as their own name or official registered name. A business may use as many trading names as it requires, but these cannot be registered as official names of the company.

What is the purpose of a trade name?

The purpose of a trade name is to distinguish one business from another, and to protect against confusion in the area where they are active. The law does not require that trade names have distinctive character, as it does with respect to trademarks. A trademark is intended to distinguish goods and services.

Do I need to register a trading name?

You need to register a business name if you conduct business under a name other than your own. A business name, also known as a trading name, is a name or title under which a person, or other legal entity, carries on business. When you register a business name, you register it nationally.

Can two companies have same name?

A company cannot have the same name as another registered company. Any company formation or change of name application containing a company name that is the ‘same as’ or ‘too similar’ to an existing name will be rejected by Companies House. These rules exist to protect the general public from being misled or confused.

How do you protect a trading name?

You can register your trade mark:At the Intellectual Property Office to protect it in the UK.At the local trade marks registry in other countries to protect it there.At the European Community Trade Marks registry, to protect it throughout the EU as a ‘European Community Trade Mark’ – one application, one fee.More items…

What happens if someone trademarks your business name?

If someone uses your name, simply showing proof that you’ve trademarked the name could be enough to convince a business to choose something else. Most importantly, if you must go to court, you’ll have legal proof that you registered the name. However, you don’t have to trademark your business name to protect it.

What does trade name mean on SBA application?

doing business asA trade name is the official name under which an individual as a sole proprietor or a company chooses to do business. A trade name is commonly known as a doing business as (DBA) name. … The Small Business Administration (SBA) website provides links to the specific trade name registration requirements in each state.